reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 3 - DIVISION FOR EARLY CHILDHOOD INTERVENTION SERVICES › Section 101.1107 - Administrative Hearings Concerning Individual Child Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This division applies only
					 to hearings which involve the identification, evaluation, placement, or
					 provision of appropriate early intervention services to a child and the child's
					 family under Early Childhood Intervention. This process is also referred to as
					 the due process complaint process or due process hearing process.
(b) Request for hearing.
(1) A parent may initiate a hearing on any
					 matter described in subsection (a) of this section and in §
												101.907
					 of this subchapter (relating to Filing a Request for Review).
(2) The request for hearing must be in
					 writing and filed as provided in §
												101.907
					 of this subchapter with the ECI assistant commissioner. The request for hearing
					 is considered filed when actually received by the ECI assistant
					 commissioner.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 3 - DIVISION FOR EARLY CHILDHOOD INTERVENTION SERVICES › Section 101.1111 - Appeal of Final Decision

Current through Reg. 49, No. 28; July 12, 2024
A party aggrieved by a final decision may bring an action
						for judicial review as provided in §
											101.945
						of this subchapter (relating to Civil Action).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 3 - DIVISION FOR EARLY CHILDHOOD INTERVENTION SERVICES › Section 101.1113 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
In all cases, as applied to this Division, days means
						calendar days. Even when the last day is on a weekend, holiday or non-business
						day, the time expires on that day.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1201 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This division establishes rules and procedures for
						hearings conducted under Texas Human Resources Code, Chapter 81, and Texas
						Government Code, Chapter 57, whenever DARS proposes to suspend or revoke a
						certificate or place a certificate holder on probation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1203 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions
					 of Texas Human Resources Code, Chapters 81 and 82; Texas Occupations Code,
					 Chapter 53; and Texas Government Code, Chapters 57 and 2001, authorize these
					 rules and procedures.
(b) Except as
					 otherwise noted in this division, the rules and procedures of this division
					 apply to all certificate holders, including certified court
					 interpreters.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1205 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The words and terms defined in §
											101.905 of
					 this subchapter (relating to Definitions), when used in this division, have the
					 same meanings unless the context clearly indicates otherwise. The use of the
					 singular or plural is not meant to be limiting unless the context clearly
					 indicates otherwise.
(b) Board for
					 Evaluation of Interpreters--Refers to the DARS certification programs for
					 interpreters for persons who are deaf and hard of hearing created under Texas
					 Human Resources Code §
											81.007.
(c) Board for Evaluation of Interpreters
					 Advisory Board--Refers to the advisory board appointed by the Executive
					 Commissioner of the Health and Human Services Commission, or the Executive
					 Commissioner's designee, to assist DARS in administering DARS' interpreter
					 certification programs, and authorized under Texas Human Resources Code §
											81.007.
(d) Certificate holder--An interpreter who
					 was issued a certificate by DARS under Texas Human Resources Code, Chapter 81,
					 or Texas Government Code, Chapter 57. Unless otherwise noted, certificate
					 holder and interpreter have the same meaning.
(e) Consumer--Includes any individual,
					 whether deaf, hearing impaired, or hearing, who is part of an interpreted
					 conversation.
(f) Director--The
					 director of the Office for Deaf and Hard of Hearing Services, Division for
					 Rehabilitation Services, Department of Assistive and Rehabilitative
					 Services.
(g) DHHS--The Office for
					 Deaf and Hard of Hearing Services, which is part of the Department of Assistive
					 and Rehabilitative Services, Division for Rehabilitation Services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1207 - Rules and Procedures Governing Hearings

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise provided in this division, the rules and
						procedures in Division 1 of this subchapter (relating to General Rules), shall
						govern hearings conducted under this division.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1209 - Revocation and Suspension of a Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) DHHS, on its own determination or based
					 on the recommendation of the Advisory Board to the Board for Evaluation of
					 Interpreters, may revoke or suspend a certificate or place a certification
					 holder on probation for a violation of a statute, rule, or policy of DARS. If a
					 certificate holder is placed on probation, DHHS may require the practitioner:
(1) to report regularly to DHHS on matters
					 that are the basis of the probation;
(2) to limit practice to those areas
					 prescribed by DHHS; or
(3) to
					 continue or renew professional education until a satisfactory degree of skill
					 has been attained in those areas that are the basis of the probation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1211 - Grounds for Denying, Revoking, or Suspending an Interpreter's Certificate

Current through Reg. 49, No. 28; July 12, 2024
DHHS may deny application; suspend or revoke
						certification; or otherwise discipline, reprimand, or place on probation a
						certificate holder for any of the following causes:
(1) violations of federal or state laws that
					 are substantiated by credible evidence, whether or not there is a complaint,
					 indictment, or conviction, such violations include, but are not limited to, the
					 following:
(A) any felony, including
					 homicide, rape, sexual abuse of a child, indecency with a child, injury to a
					 child, aggravated assault, robbery, burglary, theft, forgery, bribery, and
					 perjury;
(B) any Class A or Class B
					 misdemeanor involving moral turpitude that involves dishonesty, fraud, deceit,
					 misrepresentation, or deliberate violence, or that reflects adversely on the
					 certificate holder's honesty, trustworthiness, or fitness to interpret under
					 the scope of the person's certificate; or
(C) any offense, excluding an offense
					 punishable as a Class C misdemeanor, involving theft or controlled
					 substances;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1213 - Codes of Professional Conduct and Ethics

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicable Codes of Conduct and Ethics.
(1) The Code of Professional Conduct of the
					 National Association of the Deaf (NAD) and the Registry of Interpreters for the
					 Deaf, Inc. (RID) shall govern the professional conduct of
					 interpreters/transliterators certified by the Office.
(2) The Code of Ethics and Professional
					 Responsibility of Certified Court Interpreters of the Office shall govern the
					 professional conduct of court interpreters certified under Texas Government
					 Code, Chapter 57.
(A) The Code of
					 Professional Conduct of the National Association of the Deaf (NAD) and the
					 Registry of Interpreters for the Deaf, Inc., (RID) govern the professional
					 conduct of interpreters and transliterators certified by DHHS.
(B) The Code of Ethics and Professional
					 Responsibility of Certified Court Interpreters of DHHS governs the professional
					 conduct of court interpreters certified under Texas Government Code, Chapter
					 57.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1215 - Filing a Request for Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 certificate holder, other than a certified court interpreter, whose certificate
					 DARS proposes to suspend, revoke, or place on probation, may request a hearing.
					 A certified court interpreter's certificate may be suspended or revoked by DARS
					 only after a hearing.
(b) Although
					 no prescribed form is required to file a request, preprinted forms for this
					 purpose are maintained by DHHS and are available upon request.
(c) The request for hearing shall be filed in
					 writing with the hearings coordinator, DARS Legal Services. A request is
					 considered filed on the day that it is received by the hearings
					 coordinator.
(d) Upon receiving a
					 request for review, the hearings coordinator, DARS Legal Services, within five
					 business days, shall notify the certificate holder of the name of the impartial
					 hearing officer appointed to hear the appeal, and the date, time, and place of
					 any prehearing.
(e) Timeliness of a
					 request for hearing. Except as prescribed in §
											101.1209(b)
					 of this subchapter (relating to Revocation and Suspension of a Certificate),
					 relating to a hearing request on an emergency suspension, unless good cause is
					 shown, a request shall be considered timely if it is received by DARS' hearings
					 coordinator no later than 60 days from the date the certificate holder is
					 served according to Government Code, §
											2001.054(c)
					 with written notice of DARS' proposal to revoke or suspend the certificate
					 holder's certificate or place the certificate holder on probation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1217 - Filings

Current through Reg. 49, No. 28; July 12, 2024
(a) All filings shall be sent to DARS, 4800
					 North Lamar, Suite 300, Austin, Texas 78756 with the notation "Attention:
					 Hearings Coordinator," or delivered to DARS at that address.
(b) A copy of all filings shall be sent by
					 mail or otherwise delivered to all parties.
(c) A certificate of service shall be
					 contained in or attached to all filings. The certificate must be signed by the
					 person making the filing, show the manner of service, state that the filing has
					 been served on all other parties, and identify those parties. The certificate
					 is prima facie evidence of service.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1219 - Discovery and Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
					 Government Code, Chapter 2001, governs discovery and the admissibility of
					 evidence.
(b) All discovery
					 requests should be directed to the party from which discovery is being
					 sought.
(c) All disputes with
					 respect to any discovery matter shall be filed with and resolved by the
					 impartial hearing officer.
(d) All
					 parties shall be afforded a reasonable opportunity to file objections and
					 motions to compel with the impartial hearing officer regarding any and all
					 discovery requests.
(e) Copies of
					 discovery requests and documents filed in response thereto shall be filed on
					 all parties, but should not be filed with the impartial hearing officer or the
					 hearings coordinator unless directed to do so by the impartial hearing officer
					 or when in support of objections, motions to compel, motions for protective
					 order, or motions to quash.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1221 - Documentary Evidence and Official Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Documentary evidence may be received in
					 the form of copies or excerpts if the original is not readily available. On
					 request, parties shall be given an opportunity to compare the original and the
					 copy or excerpt.
(b) When numerous
					 similar documents that are otherwise admissible are offered into evidence, the
					 impartial hearing officer may limit the documents received to those that are
					 typical and representative. The impartial hearing officer may also require that
					 an abstract of relevant data from the documents be presented in the form of an
					 exhibit, provided that all parties be given the right to examine the documents
					 from which such abstracts were made.
(c) The following laws, rules, regulations,
					 and policies are officially noticed:
(1)
					 Texas Human Resources Code, Chapters 81 and 82;
(2) Texas Occupations Code, Chapter
					 53;
(3) Texas Administrative Code,
					 Title 40, Part 2, Chapter 109, Office for Deaf and Hard of Hearing Services,
					 Division for Rehabilitation Services, Department of Assistive and
					 Rehabilitative Services; and
(4)
					 where applicable, Texas Government Code, Chapter 57.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1223 - Impartial Hearing Officer Decision

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Within 30 days of the hearing completion date, the impartial hearing officer
					 shall issue a decision and shall provide to the appellant or, if appropriate,
					 the appellant's authorized representative, the director, and DARS' authorized
					 representative a full written report of the findings of fact, conclusions of
					 law, and any other grounds for the decision.
(b) The hearing completion date shall be that
					 date upon which the impartial hearing officer receives the transcript, if any
					 was prepared, of the oral hearing, or, if no transcript was prepared, the date
					 of the adjournment of the hearing.
(c) The decision shall address each issue
					 considered by the impartial hearing officer.
(d) The impartial hearing officer may
					 prescribe such remedies as are appropriate within the scope of Texas Human
					 Resources Code, Chapters 81 and 82, and Texas Occupations Code, Chapter
					 53.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1225 - Finality of the Hearing Officer's Decision

Current through Reg. 49, No. 28; July 12, 2024
The decision of the impartial hearing officer is the
						final decision of DARS, and, if no timely motion for reconsideration is filed,
						becomes the final decision of DARS.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1227 - Implementation of Final Decision

Current through Reg. 49, No. 28; July 12, 2024
If a party brings a civil action to challenge a final
						decision of an impartial hearing officer, the final decision involved shall be
						implemented pending review by the court.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1229 - Motion for Reconsideration

Current through Reg. 49, No. 28; July 12, 2024
Either party to a hearing may file a motion for
						reconsideration with the hearings coordinator, DARS Legal Services, as provided
						in §
											101.943
						of this subchapter (relating to Motion for Reconsideration).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 4 - OFFICE FOR DEAF AND HARD OF HEARING SERVICES › Section 101.1231 - Appeal of Final Decision

Current through Reg. 49, No. 28; July 12, 2024
A party aggrieved by a final decision may bring an action
						for judicial review as provided in §
											101.945
						of this subchapter (relating to Civil Action).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter F - MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCIES › Section 101.1307 - Memorandum of Understanding Regarding Continuity of Care for Physically Disabled Inmates

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Department of Assistive and Rehabilitative Services (DARS) adopts by reference
				  the memorandum of understanding (MOU) between the Texas Department of Criminal
				  Justice, Texas Department of Aging and Disability Services, and Texas
				  Department of State Health Services. The MOU contains the agreement required by
				  Texas Health and Safety Code §§
										614.014
				  -
				  614.015
				  to establish the respective responsibilities of these agencies to institute a
				  continuity of care and service program for offenders in the criminal justice
				  system who are physically disabled, terminally ill, or significantly
				  ill.
(b) The text of the MOU is in
				  rule 37 TAC §
										159.19(relating
				  to Continuity of Care and Service Program for Offenders with Physical
				  Disabilities, the Elderly, the Significantly or Terminally Ill and the Mentally
				  Retarded).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter F - MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCIES › Section 101.1309 - Memorandum of Understanding Regarding the Exchange and Distribution of Public Awareness Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Department of Assistive and Rehabilitative Services (DARS) adopts by reference
				  the memorandum of understanding (MOU) between the Texas Rehabilitation
				  Commission (now Texas Department of Assistive and Rehabilitative Services), the
				  Texas Department of Human Services (now Texas Department of Aging and
				  Disability Services), the Texas Department of Health (now Texas Department of
				  State Health Services), the Texas Department of Mental Health and Mental
				  Retardation (now Texas Department of Aging and Disability Services).
(b) The MOU is the agreement required by
				  Texas Human Resources Code §
										22.013,
				  which authorizes and requires the exchange and distribution among the agencies
				  of public awareness information relating to services provided by or through the
				  agencies.
(c) The text of the MOU
				  is located in §
										72.301
				  of this title (relating to Authorization and Requirement to Exchange and
				  Distribute Public Awareness Information).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter F - MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCIES › Section 101.1311 - Memorandum of Understanding Concerning Coordination of Services to Disabled Persons

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Department of Assistive and Rehabilitative Services (DARS) adopts by reference
				  the memorandum of understanding (MOU) between the Texas Department of Human
				  Services (now Texas Department of Aging and Disability Services), the Texas
				  Department of Health (now Texas Department of State Health Services), the Texas
				  Department of Mental Health and Mental Retardation (now Texas Department of
				  Aging and Disability Services), the Texas Rehabilitation Commission (now Texas
				  Department of Assistive and Rehabilitative Services), the Texas Commission for
				  the Blind (now DARS' Division for Blind Services), the Texas Commission for the
				  Deaf and Hard of Hearing (now DARS' Office for Deaf and Hard of Hearing
				  Services), and the Texas Education Agency.
(b) The MOU is the agreement required by
				  Texas Human Resources Code §
										22.011,
				  to facilitate the coordination of services to disabled persons by establishing
				  the respective responsibilities of the agencies regarding the coordination of
				  services to persons with disabilities.
(c) The text of the MOU is located in
				  §§
										72.201-
				  72.212
				  of this title (relating to Memorandum of Understanding Concerning Coordination
				  of Services to Persons With Disabilities).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 1 - PROGRAM AND SUBCHAPTER PURPOSE › Section 106.201 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The Vocational Rehabilitation Program is a joint state-
						and federal-funded program administered by the Department of Assistive and
						Rehabilitative Services (DARS), Division for Blind Services (DBS) to assess,
						plan, develop, and provide vocational rehabilitation services for eligible
						persons with visual impairments, consistent with their strengths, resources,
						priorities, concerns, abilities, and capabilities, so that these persons may
						prepare for and engage in gainful employment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 1 - PROGRAM AND SUBCHAPTER PURPOSE › Section 106.203 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
The following statutes and regulations authorize or
						require the rules in this subchapter:
(1) The Texas Human Resources Code §
											91.021(d);
(2) The Texas Human Resources Code §
					 117;
(3) The Rehabilitation Act of
					 1973 as amended (29 United States Code
					 §§701 et seq);
(4) Implementing federal regulations (34 Code
					 of Federal Regulations, Part 361); and
(5) The DBS state plan submitted to and
					 approved by the federal government, which is effective in all political
					 subdivisions of the state.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 1 - PROGRAM AND SUBCHAPTER PURPOSE › Section 106.205 - 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) Applicant--A person who
					 has submitted an application to DBS for vocational rehabilitation
					 services.
(2) Blind (person who
					 is)--A person whose visual acuity with best correction is 20/200 or less in the
					 better eye, or a person 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.
(3) Consumer--An individual
					 with a disability who has applied for, or who is receiving vocational
					 rehabilitation services.
(4) Visual
					 impairment--A visual acuity, with best correction, of 20/70 or less in the
					 better eye; or a visual field of 30 degrees or less in the better eye; or a
					 combination of both.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 2 - ELIGIBILITY › Section 106.307 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) A person is considered to have submitted
					 an application when the person or the person's representative, as appropriate:
(1) has completed and signed the DBS
					 application form or has otherwise requested services;
(2) has provided information necessary to
					 initiate an assessment to determine eligibility and priority for services;
					 and
(3) is available to complete
					 the assessment process.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 2 - ELIGIBILITY › Section 106.309 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To establish an applicant's eligibility
					 for vocational rehabilitation services, DBS must:
(1) determine that the applicant has a visual
					 impairment;
(2) determine that the
					 applicant's visual impairment constitutes or results in a substantial
					 impediment to employment for the applicant;
(3) establish that the applicant requires
					 vocational rehabilitation (VR) services to prepare for, enter, engage in, or
					 retain gainful employment consistent with the applicant's strengths, resources,
					 priorities, concerns, abilities, capabilities, interests, and informed choice;
					 and
(4) presume that the applicant
					 is capable of achieving an employment outcome, unless there is a demonstration
					 by clear and convincing evidence that the applicant is incapable of achieving
					 an employment outcome because of the severity of the applicant's
					 disability.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 2 - ELIGIBILITY › Section 106.311 - Prohibited Factors

Current through Reg. 49, No. 28; July 12, 2024
(a) DBS does not
					 impose, as part of determining eligibility under this subchapter, a
					 duration-of-residence requirement that excludes from services any applicant who
					 is present in the state.
(b) In
					 determining eligibility under this subchapter, DBS ensures that:
(1) No applicant or group of applicants is
					 excluded or found ineligible solely on the basis of the type of disability;
					 and
(2) The eligibility
					 requirements are applied without regard to the:
(A) age, gender, race, color, or national
					 origin of the applicant;
(B) type
					 of expected employment outcome;
(C)
					 source of referral for vocational rehabilitation services; and
(D) particular service needs or anticipated
					 cost of services required by an applicant or the income level of an applicant
					 or applicant's family.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 2 - ELIGIBILITY › Section 106.313 - Eligibility Determination Time Frame

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Eligibility or ineligibility must be determined no later than 60 days after the
					 applicant, or the applicant's representative, as appropriate, has signed and
					 submitted an application for vocational rehabilitation services in accordance
					 with provisions of §
											106.307 of
					 this subchapter (relating to Application).
(b) Exceptions to the 60-day time frame for
					 determining eligibility or ineligibility may occur only when:
(1) DBS notifies the applicant that
					 unforeseen circumstances beyond the control of DBS preclude it from completing
					 the determination in 60 days; and
(2) the applicant, or the applicant's
					 representative, as appropriate, agrees to a specific extension of time;
					 or
(3) DBS is exploring an
					 applicant's abilities, capabilities, and capacity to perform in work
					 situations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 2 - ELIGIBILITY › Section 106.315 - Determination of Ineligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) If an
					 individual who applies for services is determined not to be eligible for the
					 services or if an eligible individual receiving services under an
					 individualized plan for employment is determined to be no longer eligible for
					 the services then:
(1) DBS must make a
					 determination of ineligibility only after providing an opportunity for full
					 consultation with the individual, or as appropriate, with the individual's
					 representative.
(2) DBS must inform
					 the individual in writing of the ineligibility determination. The written
					 determination must be supplemented by special modes of communication consistent
					 with the informed choice of the individual, if necessary, and must include the
					 reasons for the determination, the requirements under this chapter, and the
					 means by which the individual may express and seek remedy for any
					 dissatisfaction, including the procedures for review of a determination by the
					 counselor.
(3) DBS shall provide
					 the individual with a description of services available from the client
					 assistance program established under 34 CFR Part 370 and information on how to
					 contact that program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 2 - ELIGIBILITY › Section 106.317 - Case Closure

Current through Reg. 49, No. 28; July 12, 2024
DBS closes a case when the consumer's rehabilitation plan
						has been completed, and the consumer has achieved and maintained continuous
						employment commensurate with the established employment goal for a minimum of
						90 days. DBS closes the case sooner if:
(1) DBS is unable to locate or contact the
					 person;
(2) the person's disability
					 is so severely limiting that there is little chance the person can be
					 vocationally rehabilitated or the person's medical condition is expected to
					 progress to such a severely limiting degree in a fairly short period of time
					 that rehabilitation services will be of little or no help;
(3) the person has refused services or
					 further services;
(4) the person
					 has died;
(5) the person has been
					 institutionalized;
(6) the person
					 has been determined to have no disabling condition;
(7) the person has refused to cooperate with
					 DBS;
(8) transportation is not
					 feasible or available;
(9) the
					 person has been determined to have no impediment to employment;
(10) extended services for supported
					 employment are not available;
(11)
					 the person has chosen extended employment (for example, sheltered workshop);
					 or
(12) the person's case has been
					 Transferred to another agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 3 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 106.407 - Provision of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) DBS, as
					 appropriate to the vocational rehabilitation needs of each eligible person,
					 provides goods and services necessary to render the consumer employable,
					 subject to certain limitations prescribed in this subchapter and application of
					 Division 4 of this subchapter (relating to Consumer Participation), and
					 Division 5 of this subchapter (relating to Comparable Benefits).
(b) Services are provided only when planned
					 in advance and contained in the consumer's individualized plan of employment
					 (IPE).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 3 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 106.409 - Assessment for Determining Eligibility, Vocational Rehabilitation Needs, and Rehabilitation Technology Needs

Current through Reg. 49, No. 28; July 12, 2024
(a) DBS
					 conducts assessments to determine eligibility, vocational rehabilitation needs,
					 and, if necessary, rehabilitation technology needs for the consumer in order to
					 develop an IPE that is designed to achieve the consumer's vocational goal. The
					 vocational goal must be an employment outcome that is consistent with the
					 consumer's unique strengths, resources, priorities, concerns, abilities,
					 capabilities, and career interests.
(b) If more information is needed to prepare
					 an IPE, DBS conducts a comprehensive assessment of the consumer's unique
					 strengths, resources, priorities, interests, and needs, including the need for
					 supported employment services, in the most integrated setting possible,
					 consistent with the informed choice of the consumer.
(c) A comprehensive assessment is limited to
					 information that is necessary to identify the rehabilitation needs and to
					 develop the rehabilitation program for the consumer.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 3 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 106.411 - Physical and Mental Restoration Services

Current through Reg. 49, No. 28; July 12, 2024
DBS provides physical and mental restoration services
						that are necessary to correct or substantially modify the consumer's physical
						or mental condition within a reasonable period. The conditions for which the
						services are rendered must be stable or slowly progressive.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 3 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 106.415 - Maintenance

Current through Reg. 49, No. 28; July 12, 2024
DBS may pay maintenance to the consumer. Maintenance is a
						payment to the consumer made during any stage of the rehabilitation process to
						cover basic living expenses, such as food, shelter, clothing, and other
						subsistence expenses that are in excess of the normal expenses of the consumer,
						and are necessary for the consumer to derive the full benefit of other
						vocational rehabilitation services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 3 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 106.417 - Transportation

Current through Reg. 49, No. 28; July 12, 2024
DBS may pay for transportation services for the consumer
						in connection with other vocational rehabilitation services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 3 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 106.419 - Services to Family Members

Current through Reg. 49, No. 28; July 12, 2024
(a) Vocational
					 rehabilitation services are provided to family members only if without the
					 services the applicant or consumer would be unable to begin or to continue the
					 rehabilitation program, and the consumer's employment would be unnecessarily
					 delayed or could not be achieved.
(b) Only family members whose receipt of
					 services would further the applicant's or consumer's vocational adjustment or
					 rehabilitation may receive services.
(c) Family member, for purposes of receiving
					 vocational rehabilitation services in accordance with this section, means a
					 person:
(1) who either is a relative or
					 guardian of the applicant or consumer or lives in the same household as the
					 applicant or consumer;
(2) who has
					 a substantial interest in the well-being of the applicant or consumer;
					 and
(3) whose receipt of services
					 is necessary to enable the applicant or consumer to achieve an employment
					 outcome.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 3 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 106.421 - Interpreter Services and Note-Taking Services for Consumers Who Are Deaf and Tactile Interpreting for Consumers Who Are Deafblind

Current through Reg. 49, No. 28; July 12, 2024
When delivering interpreter services, note-taking
						services, or tactile interpreting to persons who are deaf or deafblind, DBS
						uses interpreters, if available, who are certified by one of the
						following:
(1) DARS, Division for
					 Rehabilitation Services, Office for Deaf and Hard of Hearing Services;
					 or
(2) The Registry of Interpreters
					 for the Deaf.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 3 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 106.423 - Reader Services and Rehabilitation Teaching Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Reader services are available only to
					 consumers who are blind and who are receiving vocational or academic
					 training.
(b) The consumer must use
					 all other available reading sources to the greatest extent possible before
					 seeking reimbursement from DBS for reader services.
(c) The maximum amount allowed per month for
					 reader services is calculated according to the number of semester hours the
					 consumer is taking, whether during a fall, spring, or summer semester, and
					 whether the consumer is an undergraduate or graduate student. The rate of
					 reimbursement is available from any DBS office during business hours.
(d) DBS does not pay for reader services
					 rendered by a member of the consumer's family.
(e) To receive reimbursement for reader
					 services, the consumer must submit the information required by DBS on a
					 prescribed form.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 3 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 106.425 - Employment Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) The principal
					 objective of vocational rehabilitation services is a competitive employment
					 outcome for the consumer that is consistent with the consumer's strengths,
					 resources, priorities, concerns, abilities, capabilities, interests, and
					 informed choice.
(b) Employment
					 outcomes include entering or retaining full-time or, if appropriate, part-time
					 competitive employment in the integrated labor market; supported employment; or
					 any other type of employment in an integrated setting, including
					 self-employment, telecommuting, or business ownership.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 3 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 106.427 - Post-Employment Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The consumer
					 may be considered for post-employment services if he or she has been determined
					 to be rehabilitated, is in need of help in maintaining employment, and has an
					 employment-related problem that does not entail a complex rehabilitation effort
					 or address a new and distinct substantial impediment to employment.
(b) Post-employment services must be
					 incidental to the original impediment to employment, ancillary to the services
					 provided through the consumer's IPE, and related to the previously planned
					 vocational goal.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 3 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 106.429 - Occupational Licenses, Tools, Equipment, and Initial Stocks and Supplies

Current through Reg. 49, No. 28; July 12, 2024
(a) DBS may engage in or contract for
					 activities to provide the consumer with occupational licenses, including any
					 license, permit, or other written authority that a state, city, or other
					 governmental unit requires a person to obtain before entering an occupation or
					 self-employment.
(b) DBS may
					 provide the consumer with tools, equipment, initial stocks, goods, and supplies
					 necessary to enter an occupation or self-employment.
(c) The consumer must safeguard and maintain
					 in a serviceable condition tools and equipment and must not sell, give away, or
					 otherwise wrongfully dispose of them.
(d) The consumer must sign a prescribed
					 agreement form at the time the consumer receives tools and equipment.
(e) The consumer may not sell, give away, or
					 otherwise voluntarily relinquish possession of any tools, equipment, or
					 nonconsumable supplies issued to the consumer during the rehabilitation
					 process.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 3 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 106.431 - Assistive Technology Devices

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Assistive technology devices are purchased only after evaluation of the
					 consumer's need and the cost. Simple and less expensive alternatives must be
					 considered first.
(b) The consumer
					 must return to DBS any assistive technology device no longer needed for
					 training, employment, or pursuit of employment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 4 - CONSUMER PARTICIPATION › Section 106.501 - Purpose of Consumer Participation

Current through Reg. 49, No. 28; July 12, 2024
Consumer participation establishes participation by the
						consumer in service costs to encourage the consumer's commitment to a
						vocational rehabilitation goal, to create a cooperative relationship between
						the consumer and DBS, and to maximize DBS' limited funds.