reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 1 - Vocational Rehabilitation Program › Section 218-RICR-50-00-1.8 - ORDER OF SELECTION (OOS)/WAIT LIST

Current through June 14, 2024
A. The Office
				  of Rehabilitation Services (ORS) VR Program must use a priority system for
				  services called the Order of Selection when the program does not have enough
				  resources to assist everyone who is eligible for services.
B. Applicants found eligible for ORS
				  vocational rehabilitation services, but classified by functional limitations
				  within an OOS category not currently being served, will be put on a Wait List.
				  Individuals will be provided with information and referral services; however,
				  no vocational rehabilitation services will be provided while individual is on
				  Wait List. All eligible individuals will be assigned to one of the three
				  Priority Categories listed below:
1. Priority
				  Category I: First priority will be given to consumers with the most significant
				  disabilities or consumers classified in the Order of Selection as Category I.
				  This category refers to a consumer who has a most significant disability if a
				  mental or physical impairment exists that seriously limits four or more
				  functional capacities in terms of an employment outcome and whose vocational
				  rehabilitation requires multiple services over an extended period of time.
a. Multiple services: Requiring two (2) or
				  more primary services.
b. Extended
				  period of time: Six (6) months or more.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 1 - Vocational Rehabilitation Program › Section 218-RICR-50-00-1.9 - REVIEW OF DETERMINATIONS (MEDIATION/APPEALS)

Current through June 14, 2024
A.
				  Applicants and eligible individuals, or as appropriate, the individual's
				  parent, guardian, or any other representative chosen by individual, hereinafter
				  referred to as "individual with a disability", are advised of her/his rights in
				  accordance with  34 C.F.R. §
											361.57, incorporated above.
B. These rights include a review of
				  determinations about eligibility for the VR Program and/or the provision of
				  specific services to the applicant or individual with a disability. Information
				  about the Client Assistance Program (CAP), informal administrative review,
				  mediation, and informal due process hearing are shared with applicants and
				  eligible individuals with a disability.
C. The applicant or eligible individual with
				  a disability must be advised of her/his appeal rights in accordance with  34 C.F.R. §
											361.57(b), incorporated above:
1. When s/he applies for vocational
				  rehabilitation services;
2. Upon
				  assignment to a Wait List based on Order of Selection;
3. At the time his/her Individualized Plan
				  for Employment (IPE) is developed;
4. Upon reduction, suspension, or cessation
				  of vocational rehabilitation services for the individual.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 1 - Vocational Rehabilitation Program › Section 218-RICR-50-00-1.10 - CONFIDENTIALITY

Current through June 14, 2024
A. Limitations on Disclosure
1. The VR Program of ORS will safeguard the
				  confidentiality of, and restrict the disclosure of, all personal information,
				  such as medical, psychological, financial, and other, given or made available
				  to ORS, its representatives, or its employees. Information will only be
				  released when:
a. Requested by individual
				  directly connected with the administration, evaluation, or enforcement of the
				  Program;
b. Required by Federal law
				  or regulations, such as: Investigations connected with law enforcement, fraud,
				  or abuse, unless expressly prohibited by Federal or State laws or regulations,
				  and in response to an order issued by a judge, magistrate, or other authorized
				  judicial officer; or
c. There is a
				  need to protect the individual or others if the individual poses a threat to
				  his or her safety or the safety of others.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 1 - Vocational Rehabilitation Program › Section 218-RICR-50-00-1.11 - INFORMED CHOICE

Current through June 14, 2024
A. ORS is required
				  to inform individuals through the appropriate means of communication of their
				  right to make informed choices, and that this right may be exercised in a
				  collaborative manner with their VR Counselor or other individual of their
				  choice.
B. All eligible individuals
				  with disabilities are provided with information necessary to make an informed
				  choice regarding the selection of their long-term vocational goals,
				  intermediate rehabilitation objectives, vocational rehabilitation services
				  (including assessment services), and service providers. In addition,
				  information on the advantages and costs associated with alternative goals and
				  providers is provided.
C. In
				  assisting an applicant and eligible individual in exercising informed choice
				  during the assessment for determining eligibility and vocational rehabilitation
				  needs and during development of the individualized plan for employment, ORS
				  must provide the individual or the individual's representative, or assist the
				  individual or the individual's representative in acquiring, information
				  necessary to make an informed choice about the specific vocational
				  rehabilitation services, including the providers of those services, that are
				  needed to achieve the individual's employment outcome. This information must
				  include, at a minimum, information relating to the:
1. Cost, accessibility, and duration of
				  potential services;
2. Consumer
				  satisfaction with those services to the extent that information relating to
				  consumer satisfaction is available;
3. Qualifications of potential service
				  providers;
4. Types of services
				  offered by the potential providers;
5. Degree to which services are provided in
				  integrated settings; and
6.
				  Outcomes achieved by individuals working with service providers, to the extent
				  that such information is available.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 1 - Vocational Rehabilitation Program › Section 218-RICR-50-00-1.12 - INDIVIDUALIZED PLAN FOR EMPLOYMENT (IPE)

Current through June 14, 2024
A. An IPE will
				  be developed and implemented in a timely manner for each individual determined
				  eligible for vocational rehabilitation services who meets the Order of
				  Selection (OOS) criteria when ORS is operating under an Order of Selection. The
				  IPE must be designed to achieve the specific employment outcome that is
				  selected by the individual consistent with the individual's unique strengths,
				  resources, priorities, concerns, abilities, capabilities, interests, and
				  informed choice based on the required assessment of the individual's vocational
				  needs.
1. The IPE must be developed within
				  ninety (90) days of determining that the individual is eligible and meets the
				  OOS criteria.
2. There may be
				  circumstances where the period of time needed is significantly shorter or
				  longer, depending upon the nature of the individual's situation as documented.
				  Both the individual with a disability and ORS must agree to an extension of the
				  deadline to a specific date by which the IPE must be completed. That extension
				  agreement must be in writing.
3.
				  Implementation includes an annual review of individual plans and appropriate
				  amendments, as needed to support the achievement of the employment
				  goal.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 1 - Vocational Rehabilitation Program › Section 218-RICR-50-00-1.13 - PARTICIPATION IN COST OF VOCATIONAL REHABILITATION SERVICES

Current through June 14, 2024
A. The Federal regulations governing the VR
				  Program give ORS the option to consider the financial need of individuals with
				  disabilities when determining who should pay for the cost of rehabilitation
				  services, except for those individuals who receive Social Security disability
				  benefits under Title II or XVI of the Social Security Act (42 U.S.C. §
											423
et seq
.) In accordance with  34 C.F.R. §
											361.54,
				  incorporated above, ORS will determine the financial need of those individuals
				  not receiving SSI/SSDI disability benefits to determine the extent of their
				  participation in the cost of vocational rehabilitation services. Income and
				  resources of the family are used in this determination when the
				  applicant/eligible individual is part of the family unit, and must take into
				  consideration any disability-related expenses paid for by the individual. The
				  family unit is every person listed on the individual's most recent Federal
				  income tax return (i.e., spouse, parent if individual is under 18). Methodology
				  used to determine financial need include:
1.
				  Income and resources can include:
a. Annual
				  taxable income (gross income);
b.
				  Annual non-taxable income, such as Social Security benefits, retirement
				  benefits, Workers' Compensation, and Veteran's benefits;
c. Total Cash Assets, including checking and
				  savings accounts, certificates, stocks, and bonds;
d. Rental income, less all essential related
				  expenses.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 1 - Vocational Rehabilitation Program › Section 218-RICR-50-00-1.14 - COMPARABLE BENEFITS AND SERVICES

Current through June 14, 2024
A. Comparable
				  services and benefits are services and benefits, including accommodations and
				  auxiliary aids and services, which are:
1.
				  Provided or paid for in whole or in part by other Federal, State, or local
				  public agencies, by health insurance, or by employee benefits;
2. Commensurate with the services that the
				  individual would otherwise receive from the vocational rehabilitation
				  agency.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 1 - Vocational Rehabilitation Program › Section 218-RICR-50-00-1.15 - STANDARDS FOR FACILITIES AND PROVIDERS OF SERVICES (COMMUNITY REHABILITATION PROGRAM)

Current through June 14, 2024
A. Any facility
				  used in conjunction with the delivery of vocational rehabilitation services
				  must meet program accessibility requirements consistent with the requirements,
				  as applicable, of the Architectural Barriers Act of 1968 (42 U.S.C. §
											4151
et seq
.), the American Disabilities Act of 1990 (42 U.S.C. §
											12131;  47 U.S.C. §§
											155, 201, 218, and 225) (ADA), Section 504
				  of the Rehabilitation Act of 1973 (29 U.S.C. §
											701
et
				  seq
.), and the regulations implementing these laws.
B. Providers of vocational rehabilitation
				  services will take affirmative action to employ, and advance in employment,
				  qualified individuals with disabilities.
C. Providers of vocational rehabilitation
				  services will include among their personnel, or obtain the services of,
				  individuals able to communicate in the native languages of applicants and
				  eligible individuals who have limited English speaking ability; and ensure that
				  appropriate modes of communication for all applicants and eligible individuals
				  are available.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 1 - Vocational Rehabilitation Program › Section 218-RICR-50-00-1.16 - SCOPE OF VR PROGRAM

Current through June 14, 2024
A. Pre-Employment
				  Transition Services. ORS, in collaboration with the local educational agencies
				  involved, must make the following pre-employment transition services available
				  Statewide to all students with disabilities, regardless of whether the student
				  has applied or been determined eligible for vocational rehabilitation services.
1. Required Activities:
a. Job exploration counseling;
b. Work-based learning experiences, which may
				  include in-school or after school opportunities, or experience outside the
				  traditional school setting (including internships), that is provided in an
				  integrated environment in the community to the maximum extent
				  possible;
c. Counseling on
				  opportunities for enrollment in comprehensive transition or post-secondary
				  educational programs at institutions of higher education;
d. Workplace readiness training to develop
				  social skills and independent living; and
e. Instruction in self-advocacy (including
				  instruction in person-centered planning), which may include peer mentoring from
				  individuals with disabilities working in competitive integrated employment.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 1 - Vocational Rehabilitation Program › Section 218-RICR-50-00-1.17 - VOCATIONAL REHABILITATION SERVICES

Current through June 14, 2024
1.17.1
VOCATIONAL REHABILITATION COUNSELING AND GUIDANCE
A. Counseling and guidance are integral parts
				  of the entire rehabilitation process beginning at the intake interview and
				  continuing throughout. The goals of counseling and guidance are to assist
				  individuals with disabilities to reach maximum levels of independence by moving
				  through the rehabilitation process toward their employment goal consistent with
				  their abilities and capabilities.
B. Counseling and guidance services will be
				  provided by an ORS vocational rehabilitation counselor to each individual
				  throughout the vocational rehabilitation process for the purpose of:
1. assisting the individual in developing an
				  IPE towards a suitable vocational goal;
2. reviewing progress towards the vocational
				  goal, amending the IPE if necessary; and
3. developing the individual's ability to
				  seek, maintain, and advance in competitive integrated
				  employment.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 1 - Vocational Rehabilitation Program › Section 218-RICR-50-00-1.18 - SERVICES FOR THE DEAF AND HARD OF HEARING

Current through June 14, 2024
A.
				  ORS will maintain state-wide specialized caseloads to meet the complex
				  rehabilitation needs of Deaf and Hard of Hearing Individuals. Vocational
				  considerations need to include not only communication but also cultural,
				  educational and social dynamics. ORS will arrange and pay for qualified
				  interpreters except when a service provider is mandated by Section 504 of the
				  Rehabilitation Act, by ADA, or by state law to make interpreters available for
				  provision of vocational rehabilitation services. Care will be taken to ensure
				  specialized interpreter skills (medical, legal, CDI) are utilized in
				  vocationally relevant situations.
B. Assessing the 'Vocational Implications of
				  Hearing Loss' is completed after the individual with a disability is determined
				  eligible in accordance with §
										1.7   of this Part above.
1. In determining if a hearing loss
				  constitutes a substantial impediment to employment, the VR Counselor must
				  examine the individual's functioning, as well as the audiological evidence,
				  speech reception and speech discrimination.
a.
				  Specific diagnostics for deafness and hearing loss will include an Otological
				  exam and an audiological examination. These exams have to be completed by an
				  Otolaryngologist and a Licensed Audiologist, not a hearing aid center. If these
				  exams have been done within a year, then VR Counselors should request copies of
				  these examinations for review and determination of eligibility.
b. An applicant should be made eligible for
				  services if difficulty understanding spoken language represents a substantial
				  impediment to employment. This should be documented in a narrative entry for
				  eligibility and also on the Order of Selection
				  Checklist.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 1 - Vocational Rehabilitation Program › Section 218-RICR-50-00-1.19 - INDIVIDUALS IN EXTENDED EMPLOYMENT, 14(C), AND OTHER EMPLOYMENT UNDER SPECIAL CERTIFICATE PROVISIONS OF THE FAIR LABOR STANDARDS ACT

Current through June 14, 2024
A. The ability of employers to pay a
				  subminimum wage to workers with disabilities is limited in accordance with  34 C.F.R. §
											361.55. These new limitations prohibit employers from paying
				  subminimum wage to persons with disabilities under  29 C.F.R. Part 525, §
											14(c) unless each worker has been regularly provided with career counseling and
				  information about self-advocacy, self-determination, and peer mentoring
				  training opportunities. ORS' VR Program monitors this activity. ORS will
				  provide career counseling and information and referral services to all 14(c)
				  certificate-holders to provide informed choice options and highlight the
				  limitations of subminimum wage. ORS will provide these services initially, will
				  then semi-annually review and reevaluate the status of each individual for two
				  (2) years after the individuals' record is closed, and annually
				  thereafter.
B. The 14(c)
				  certificate-holder will have the option to apply for vocational rehabilitations
				  services if they so desire.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 1 - Vocational Rehabilitation Program › Section 218-RICR-50-00-1.20 - PROGRAM EXIT

Current through June 14, 2024
A. An employment
				  outcome is expected to occur in a competitive integrated setting as a result of
				  the vocational rehabilitation process and services. To be considered a
				  competitive integrated employment setting, the employment outcome must satisfy
				  three requirements:
1. competitive
				  earnings;
2. integrated location;
				  and
3. opportunities for
				  advancement.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 2 - Services for the Blind and Visually Impaired (SBVI) - Social Services/Independent Living Units › Section 218-RICR-50-00-2.1 - PURPOSE

Current through June 14, 2024
A. These rules establish the requirements for
				  implementation of the Independent Living Program, based on the Title VII Part B
				  of  29 U.S.C. §
											701
et seq
. These regulations will:
1. define required information for
				  application
2. define eligibility
				  requirements
3. specify scope of
				  services
4. specify standards for
				  continued eligibility
5. specify
				  mediation and appeals process for denial of services/ineligibility
6. specify criteria for case
				  closure
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 2 - Services for the Blind and Visually Impaired (SBVI) - Social Services/Independent Living Units › Section 218-RICR-50-00-2.2 - AUTHORITY

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
					 R.I. Gen. Laws §§
										42-12-8 through 17 and 22; and  29 U.S.C. §§
											721 through  722.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 2 - Services for the Blind and Visually Impaired (SBVI) - Social Services/Independent Living Units › Section 218-RICR-50-00-2.3 - INCORPORATED MATERIALS

Current through June 14, 2024
A. These
				  regulations hereby adopt and incorporate the following, not including any
				  further editions or amendments thereof and only to the extent that the
				  provisions therein are not inconsistent with these regulations.
1.
											34 C.F.R. §
												367  (Independent Living
				  Services for Older Blind) (2015).
2.  34 C.F.R. Part 75  (Direct Grant Programs),
				  with respect to grants under subpart B and D (2010).
3.  34 C.F.R. Part 76  (State-Administered
				  Programs), with respect to grants under subpart E (2014).
4.  34 C.F.R. Part 77  (Definitions That Apply
				  to Department Regulations) (2014).
5.  34 C.F.R. Part 79  (Intergovernmental
				  Review of Department of Education Programs and Activities) (2014).
6.  34 C.F.R. Part 81  (General Education
				  Provisions Act-Enforcement) (2014).
7.  34 C.F.R. Part 82  (New Restrictions on
				  Lobbying) (2014).
8. 2 C.F.R. Part
				  180 (OMB Guidelines to Agencies on Debarment and Suspension (Nonprocurement)),
				  as adopted at  2 C.F.R. Part 3485.
9.  2 C.F.R. Part 200  (Uniform Administrative
				  Requirements, Cost Principles, and Audit Requirements for Federal Awards), as
				  adopted at  2 C.F.R. Part 3474  (2014).
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 2 - Services for the Blind and Visually Impaired (SBVI) - Social Services/Independent Living Units › Section 218-RICR-50-00-2.4 - DEFINITIONS

Current through June 14, 2024
A. For the purpose of these regulations, the
				  following terms have the following meanings:
1. "Agency" means the Office of
				  Rehabilitation Services/Services for the Blind and Visually Impaired
				  (SBVI).
2. "Applicant" means an
				  individual who is referred or applies seeking services.
3. "Deaf-Blindness" means there is the
				  presence of both the following conditions:
a.
				  Deafness - a physiological chronic hearing impairment so severe that most
				  speech cannot be understood through the ear with optimum amplification. The
				  speech discrimination score should be forty percent (40%) or less.
b. Blindness - Visual acuity does not exceed
				  20/200 in the better eye with correcting lenses, or visual acuity greater than
				  20/200, but the field of vision is constricted to twenty degrees (20deg;) or
				  less.
4. "Legal
				  blindness" means any person whose visual acuity is no greater than 20/200 in
				  the better eye, with best correction, or one whose field of vision is
				  restricted to the extent that the widest diameter subtends an angle no greater
				  than twenty degrees (20°).
5.
				  "State" means State of Rhode Island.
6. "Visually impaired" means one whose visual
				  acuity is better than 20/200 but not better than 20/60 in the best eye with
				  best correction, or whose visual impairment is both progressive and
				  permanent.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 2 - Services for the Blind and Visually Impaired (SBVI) - Social Services/Independent Living Units › Section 218-RICR-50-00-2.5 - REFERRALS AND APPLICATIONS

Current through June 14, 2024
A. Referral and
				  information requests submitted by individuals with who are blind or visually
				  impaired to the Office of Rehabilitation Services (ORS) will be processed upon
				  receipt.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 2 - Services for the Blind and Visually Impaired (SBVI) - Social Services/Independent Living Units › Section 218-RICR-50-00-2.6 - ELIGIBILITY REQUIREMENTS

Current through June 14, 2024
Any individual over the age of three (3) who is blind or
					 visually impaired according to §
										2.4   of this Part,
					 Definitions, shown above, must have vision of 20/60 or less in the better eye,
					 with best correction or a field loss of twenty degrees
					 (20°).
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 2 - Services for the Blind and Visually Impaired (SBVI) - Social Services/Independent Living Units › Section 218-RICR-50-00-2.7 - TYPES OF SERVICES PROVIDED WITHOUT REGARD TO FINANCIAL NEED

Current through June 14, 2024
A. Evaluation, diagnostic and related
				  services;
B. Referrals to
				  rehabilitation teachers and mobility instructors for evaluation and
				  instruction;
C. Adjustment
				  counseling and guidance for individuals and their families;
D. Referrals to appropriate state and
				  community agencies;
E.
				  Certification of status of legal blindness for various exemptions;
F. Coordination with regional library
				  services for the individuals who are blind and/or visually impaired (Talking
				  Books);
G. Educational planning for
				  children;
H. Low vision aids and
				  devices necessary for communication, safety and engagement in services costing
				  less than $500.00.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 2 - Services for the Blind and Visually Impaired (SBVI) - Social Services/Independent Living Units › Section 218-RICR-50-00-2.8 - TYPES OF SERVICES PROVIDED WHICH REQUIRE APPLICATION OF FINANCIAL NEED CRITERIA AND ARE CONTINGENT UPON AVAILABLE FUNDING

Current through June 14, 2024
A.
				  Certain ancillary low vision devices and aids, assistive technology such as
				  visual aids, and adaptive equipment costing more than $500.00;
B. Telecommunications, sensory, and other
				  technological aids and devices; and
C. Other support services as deemed necessary
				  and appropriate.
D. Administrative
				  waivers may be sought for anyone in need of a service or device that is subject
				  to economic need criteria, and for which the service or device is deemed
				  necessary, but whose income exceeds the threshold, and who otherwise has no
				  means to acquire the device (such that a hardship is present -counselors shall
				  consult with Supervisor/Administration for consideration of a waiver if
				  alternate funding sources cannot be utilized.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 2 - Services for the Blind and Visually Impaired (SBVI) - Social Services/Independent Living Units › Section 218-RICR-50-00-2.9 - PROGRAM EXIT

Current through June 14, 2024
A. A case may be
				  closed due to the individual's:
1.
				  Death;
2. Moving out of
				  state;
3. Refusal of
				  services;
4. The goals and
				  objectives in the individual's case plan have been achieved;
5. Status is no longer legally blind or
				  visually impaired; or
6. Location
				  unknown.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 2 - Services for the Blind and Visually Impaired (SBVI) - Social Services/Independent Living Units › Section 218-RICR-50-00-2.10 - REVIEW OF DETERMINATIONS (MEDIATION/APPEALS)

Current through June 14, 2024
A.
				  Applicants and eligible individuals, or as appropriate, the individual's
				  parent, guardian, or representative, hereinafter referred to as "individual
				  with a disability", are advised of her/his rights in accordance with  34 C.F.R. §
											361.57, incorporated above.
B. These rights include a review of
				  determinations about eligibility for the Social Services/Independent Living
				  Program and/or the provision of specific services to the applicant or
				  individual with a disability. Information about the Client Assistance Program
				  (CAP), administrative reconsideration, mediation, and informal appeals hearing
				  are shared with applicants and eligible individuals.
C. The applicant or eligible individual must
				  be advised of her/his appeal rights:
1. When
				  s/he applies for services;
2. Upon
				  reduction, suspension, or cessation of services for the
				  individual.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 2 - Services for the Blind and Visually Impaired (SBVI) - Social Services/Independent Living Units › Section 218-RICR-50-00-2.11 - NEWSLINE

Current through June 14, 2024
A. SBVI must administer and promote a program
				  to provide telephone access to the text of newspaper programs to residents who
				  are blind, deaf/blind, visually impaired or reading impaired with a single
				  party telephone line.
B.
				  Applications for NEWSLINE will be processed by SBVI, which will determine
				  eligibility for this program. Individuals registered for the service utilize a
				  telephone line to access the toll-free telephone number.
C. Eligibility Requirements
1. Persons who live in the state of Rhode
				  Island; and
2. Persons whose visual
				  acuity, as determined by competent authority, is 20/60 or worse in the better
				  eye with corrective lenses, or whose widest diameter of visual field is not
				  greater than twenty (20) degrees; or
3. Persons certified by a competent authority
				  as having a reading disability resulting from an organic dysfunction of
				  sufficient severity to prevent their reading printed material in a normal
				  manner.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 3 - Business Enterprises Program Regulations (218-RICR-50-00-3) › Section 218-RICR-50-00-3.1 - PURPOSE

Current through June 14, 2024
A. The Office of Rehabilitation
				  Services/Services for the Blind and Visually Impaired (SBVI), as the designated
				  state unit, has the authority to act as the "State Licensing Agency" or
				  "S.L.A." for the purpose of establishing vending facilities in order to carry
				  out its full responsibilities under the Randolph-Sheppard Act to provide
				  employment to qualified persons who are blind. These regulations are designed
				  to assure that priority is given to blind persons in the operation of vending
				  facilities on State and Federal property, and wherever feasible, one or more
				  vending facilities are established on State and Federal property. These
				  regulations will:
1. define required
				  conditions for applicant to be considered a qualified applicant
2. define standards for selection of licensed
				  vendors
3. define selection,
				  transfer, and promotion system for vendors
4. specify facility bid/assignment criteria
				  and process
5. specify review,
				  hearing, and arbitration of vendor complaints
6. specify factors for termination
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 3 - Business Enterprises Program Regulations (218-RICR-50-00-3) › Section 218-RICR-50-00-3.2 - AUTHORITY

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
					 R.I. Gen. Laws §§
										42-12-8 through 17 and 22; and  29 U.S.C. §§
											721 - 722.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 3 - Business Enterprises Program Regulations (218-RICR-50-00-3) › Section 218-RICR-50-00-3.3 - INCORPORATED MATERIALS

Current through June 14, 2024
A. These
				  regulations hereby adopt and incorporate the following, not including any
				  further editions or amendments thereof and only to the extent that the
				  provisions therein are not inconsistent with these regulations.
1. The Randolph-Sheppard Act, P.L. 74-732, as
				  amended by P.L. 83-565 and P.L. 93-516;
				   20 U.S.C. §
												107  et seq. (1974).
2.  34 C.F.R. Part 395  Vending Facility
				  Program for The Blind on Federal and Other Property (2011).
3.  2 C.F.R. Part 3474 -Uniform Administrative
				  Requirements, Cost Principles, And Audit Requirements for Federal Awards
				  (2014).
4. The Education Department
				  General Administrative Regulations (EDGAR) as follows:
a. Administration of Grants and Agreements
				  with Institutions of Higher Education, Hospitals, and other Non-profit
				  Organizations, with respect to subgrants to entities that are not State or
				  local governments or Indian tribal organizations,  34 C.F.R. Part 74
				   (2014);
b. State Administered
				  Programs,  34 C.F.R. Part 76  (2014);
c. Definitions that Apply to Department
				  Regulations,  34 C.F.R. Part 77  (2014);
d. Intergovernmental Review of Department of
				  Education Programs and Activities,  34 C.F.R. Part 79  (2014);
e. Uniform Administrative Requirements for
				  Grants and Cooperative Agreements to State and Local Governments,  34 C.F.R.
				  Part 80  (2014);
f. General
				  Education Provisions Act - Enforcement,  34 C.F.R. Part 81  (2014);
g. New Restrictions on Lobbying,  34 C.F.R.
				  Part 82  (1990);
h. Implementation
				  of the Nondiscrimination and Equal Opportunity provisions of the Workforce
				  Innovation and Opportunity Act,  29 C.F.R., Part 38  (2015);
i. Drug and Alcohol Abuse Prevention,  34
				  C.F.R. Part 86  (2014);
j.
				  Protection of Human Subjects,  34 C.F.R. Part 97  (1991);
k. Student Rights in Research, Experimental
				  Programs, And Testing, Part 98 (1984);
l. Family Educational Rights and Privacy,  34
				  C.F.R. Part 99  (1988).
5.  2 C.F.R. Part 180, OMB Guidelines to
				  Agencies on Governmentwide Debarment and Suspension (Nonprocurement)), as
				  adopted in  2 C.F.R. Part 3485  (2012).
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 3 - Business Enterprises Program Regulations (218-RICR-50-00-3) › Section 218-RICR-50-00-3.7 - LICENSURE

Current through June 14, 2024
A. The license which an operator receives
				  will be issued pursuant to the rules and regulations of the Business
				  Enterprises Program (BEP) and include the following requirements.
1. The applicant must be legally blind.
				  "Legally blind" means visual acuity found to be 20/200 or less in the
				  individual's better eye with best correction, or visual acuity of better than
				  20/200 if the widest diameter of the field of vision subtends an angle no
				  greater than twenty degrees (20°).
a.
				  Blindness will be determined by a physician skilled in the diseases of the eye
				  and certification thereof will be made by the ophthalmological consultant at
				  the Services for the Blind and Visually Impaired.
b. Legal Blindness is certified every five
				  (5) years.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 3 - Business Enterprises Program Regulations (218-RICR-50-00-3) › Section 218-RICR-50-00-3.8 - SELECTION OF VENDOR

Current through June 14, 2024
A. The S.L.A., with
				  the active participation of the State Committee of Blind Vendors, hereby
				  establishes a selection, transfer, and promotion system for vendors which will
				  be uniformly applied to all vendor vacancies that develop or occur in the
				  vending facilities program.
B.
				  General Standards for Selection of Licensed Vendor: To be eligible for
				  appointment as a Licensed Vendor, the following basic requirements must be met:
1. An applicant must have successfully
				  completed the specialized training program for Blind Vendors as provided by the
				  S.L.A. or a training program of equal scope and requirements.
2. An applicant must have acquired sufficient
				  knowledge and skills necessary to the successful performance of all the tasks
				  or processes which enable the proper operation of a vending facility.
3. Successful trainees will advance to
				  Probationary Graduate Status for a period of 6 months, during which time he/she
				  will operate a designated vending facility under the direction and supervision
				  of the BEP Supervisory staff. Ongoing evaluations will be conducted during said
				  probationary period.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 3 - Business Enterprises Program Regulations (218-RICR-50-00-3) › Section 218-RICR-50-00-3.9 - FACILITY ASSIGNMENT

Current through June 14, 2024
A. Whenever there
				  will be a facility available either as a Primary, Secondary, or Satellite
				  facility, the State Licensing Agency will provide written notice to each active
				  blind vendor/licensee, who is in good standing.
B. The bid announcement will contain at least
				  the following information:
1. Date facility
				  is available
2. Type of
				  facility
3. Financial data for
				  current fiscal and preceding year to include: gross annual sales, vending
				  income, total facility proceeds, purchases and payroll
4. Facility personnel: number of current or
				  projected
5. Building
				  population
6. Hours of
				  operation
7. Holidays
8. Public transportation
9. Miscellaneous information
10. Program contact person and current
				  manager
11. Cut-off date and time
				  for submitting application. A minimum of two weeks will be allotted for
				  submission of applications/bids
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 3 - Business Enterprises Program Regulations (218-RICR-50-00-3) › Section 218-RICR-50-00-3.10 - AWARDING OF VENDING FACILITIES

Current through June 14, 2024
A. PRIMARY VENDING
				  FACILITIES
1. Generally: A Vendor/licensee
				  operating a primary vending facility who bids on, is awarded and accepts a new
				  primary facility automatically relinquishes their current primary
				  facility.
2. Primary Sites will be
				  awarded according to the assignment criteria.
3. If a Vendor/licensee who is operating a
				  secondary is suspended from a primary location, the Operating Agreement for the
				  Secondary may be terminated. When the Operating Agreement for the site is
				  terminated, the facility will be subject to the normal bid process.
4. The successful applicant may continue to
				  run his/her current facility if there are no eligible Vendor/licensees awaiting
				  placement. The S.L.A. will make every effort to reassign the current facility
				  as soon as possible.
5. In the
				  event that the Vendor/licensee selected refuses to accept the facility, the
				  next senior and qualified Vendor/licensee applicant will be assigned the
				  facility.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 3 - Business Enterprises Program Regulations (218-RICR-50-00-3) › Section 218-RICR-50-00-3.11 - VENDING FACILITY EQUIPMENT AND INITIAL STOCK

Current through June 14, 2024
A.
				  The S.L.A. is responsible for furnishing each vending facility with adequate
				  initial stocks of merchandise, suitable equipment, and petty cash if necessary
				  for the establishment and operation of such facility.
B. The right, title to, and interest in the
				  equipment, stock, and petty cash of each vending facility will be vested in the
				  S.L.A. in accordance with the laws of the State of Rhode Island, and, the
				  S.L.A., as the duly authorized agency to administer the Vending Facilities
				  Program, will safeguard all such equipment, stock, and petty cash, using same
				  for program purposes only.
C.
				  Expenditures for the purchase of vending facility equipment and initial stock,
				  petty cash, and expenditures for major repairs to vending facility equipment,
				  will be made in accordance with purchasing and disbursement procedures of the
				  State of Rhode Island.
D.
				  Disposition of Equipment, Merchandise, and Petty Cash
1. Upon termination of a vending facility
				  assignment by a vendor, the Blind Vendor will be permitted to engage in an
				  inventory of all equipment, merchandise, and petty cash, but the S.L.A. will be
				  responsible to take the inventory as soon as practicable following such
				  termination. The S.L.A. will, within a reasonable period of time, submit a
				  Profit and Loss Statement to the vendor or his or her heirs, and either pay any
				  remaining profits to him, her or them, or, make demand upon him, her, or them
				  in the event of debt(s) outstanding at such facility.
2. All equipment and merchandise will remain
				  at the subject vending facility, excepting perishables and petty cash, until
				  the final inventory is completed.
3. The petty cash will be returned to the
				  S.L.A. upon termination of assignment and added to the value of final
				  inventory.
4. Equipment and stock
				  will be appraised at current fair market value, then sold for such value, or
				  retained for the continued operation of that facility by another vendor, or
				  stored for future use.
5. Proceeds
				  from the sale of any and all equipment and merchandise, will be deposited in
				  and credited to the accounts from which they were drawn and apportioned in
				  accordance with the matching ratio in effect at the time of their
				  purchase.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 3 - Business Enterprises Program Regulations (218-RICR-50-00-3) › Section 218-RICR-50-00-3.12 - MAINTENANCE AND REPLACEMENT OF EQUIPMENT

Current through June 14, 2024
A. The S.L.A.
				  will maintain, or cause to be maintained, all vending facility equipment in
				  good repair and in attractive condition, and the S.L.A. will replace or cause
				  to be replaced, worn out, or obsolete equipment as required to assure the
				  continued successful operation of the facility.
B. If there is equipment present at any
				  vending facility the full title of which is not vested in the S.L.A., the
				  latter hereby declares no responsibility or obligation for its maintenance,
				  repair, and replacement.
C. Vending
				  facility equipment in need of repair or replacement will be reported to the
				  S.L.A. without delay. Subsequent to such report, the S.L.A. will determine the
				  costs of repair/replacement. These costs must be verified by written
				  documentation from an appropriate licensed repair person.
D. Each vendor will take reasonable care of
				  the equipment assigned to his or her facility, and perform routine, day-to-day
				  cleaning and maintenance procedures.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 3 - Business Enterprises Program Regulations (218-RICR-50-00-3) › Section 218-RICR-50-00-3.13 - OPERATION

Current through June 14, 2024
A. Setting Aside of Funds
1. The S.L.A. will set aside, or cause to be
				  set aside, the net proceeds of the operation of all vending facilities under
				  the program and vending machine income, a sum of money which will be based upon
				  a fixed percentage, which shall apply equally to each vending facility without
				  regard to any vending facility or vending machine as set forth in
				   34 C.F.R. §
												395.9.
a. The method by which the S.L.A. shall cause
				  funds to be set aside from the net proceeds of all vending facilities and
				  locations is as follows:
(1) Set aside rate-
				  The set aside rate will be considered on an as needed basis depending on the
				  program's projected expenses as determined by the S.L.A. and RISCOBV Executive
				  Board, Vendor/licensees shall remit to the S.L.A. the set aside fee assessed of
				  their facility net proceeds, at least once annually, at the conclusion of the
				  Federal Fiscal Cycle consistent with the reporting period set forth in  34 C.F.R. §
														395  - RSA-15 - Report of Vending Facilities Program.
(2) The S.L.A. shall prepare and submit to
				  the Vendor/licensee a compiled profit and loss summary based on sales reports
				  submitted by the Vendor/licensee which identifies the individual set aside
				  obligation.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 3 - Business Enterprises Program Regulations (218-RICR-50-00-3) › Section 218-RICR-50-00-3.14 - CORRECTIVE ACTION PLAN (CAP) AND SUSPENSION

Current through June 14, 2024
A.
				  Corrective Action Plan: If it is determined by the S.L.A. that re-training or
				  other intervention is necessary due to a vendor's performance problem, a
				  Corrective Action Plan (CAP) may be completed.
1. Performance problems resulting in the
				  determination that re-training or other intervention is necessary and
				  development of a Corrective Action Plan include, but are not limited to:
a. Incidence of unprofessional behavior,
				  e.g., use of profanity or loud, abusive language or behavior, poor customer
				  service, inappropriate dress; and/or
b. Cleanliness problems, inappropriate
				  hygiene, failure to adhere to safe food handling requirements; and/or
c. Bookkeeping issues, such as failure to
				  file weekly reports to the S.L.A. in a timely manner, non-payment of set-aside,
				  failure to obtain current worker's compensation insurance for employees,
				  failure to make required tax deposits and payments, failure to file required
				  local, state or federal tax forms; and/or
d. General management issues including
				  inappropriate use of labor, low inventory levels, failure to use cash register,
				  improper recording of receipts, inappropriate use of the telephone, cable, or
				  lottery equipment, and other problems related to operating the facility in a
				  business-like manner; and/or
e.
				  Failure to adhere to operating hours; and/or
f. Failure to comply with local, state, and
				  federal laws; and/or
g. Personal
				  issues, e.g., substance abuse, excessive tardiness, and excessive absences as
				  determined by the S.L.A.; and/or
h.
				  Failure to pass the Semi-Annual Review.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 50 - Rehabilitation Services › Subchapter 00 - N/A › Part 3 - Business Enterprises Program Regulations (218-RICR-50-00-3) › Section 218-RICR-50-00-3.15 - DISTRIBUTION AND USE OF INCOME VENDING MACHINES ON FEDERAL PROPERTY

Current through June 14, 2024
A. Vending machine income from vending
				  machines on Federal property which has been disbursed to the State Licensing
				  Agency by a property managing department, agency, or instrumentality of the
				  United States under the vending machine income sharing provisions in
				   34 C.F.R. §
											395.8  will accrue to each blind
				  vendor/licensee operating a vending facility on such Federal
				  property.
B. Any vending machine
				  income not disbursed to vendor(s) will be retained by the S.L.A. as and used
				  for one or more of the following:
1.
				  Maintenance and replacement of equipment; purchase of new equipment; management
				  services, and assuring a fair minimum return to vendors.